Pros and Cons of Marriage vs. Common-Law: Which is Best for You?
So you’ve found yourself a lifelong partner – someone who you think is “The One”. It looks like happily-ever-after is well within reach for you. Now what? Do you get married? Or do you choose to live together in a common-law relationship? It’s an important decision. That’s because in Ontario, each of these options comes with distinct legal rights and responsibilities. Understanding the...
Text Messages and Harassment in Family Law
If you are in the midst of a contentious separation or divorce, it’s easy to get embroiled in a heated exchange of text messages with your spouse. All it takes is to pick up your phone, type out a few words, and … the shots are fired. It’s one way to vent your frustrations, but these exchanges can escalate rapidly. You may find your spouse texting you dozens of times in a row, or...
Received an Early Inheritance? Learn How to Protect it in a Divorce
Early inheritances are becoming more routine lately, and are coming up for discussion in families more often. Perhaps your aging parents have earmarked some Estate funds for you, and are thinking about putting them in your hands now, before their inevitable passing. That way, you can enjoy it sooner rather than later. This kind of unexpected windfall can provide you with a significant...
Common-Law Relationships in Ontario: The Essentials
Under Canadian Family law, there are two categories of romantic relationships that are recognized: 1) Formal marriages, and 2) Common-law unions. With common-law relationships in particular, there is often a misconception that the two partners – being unmarried – must simply “walk away” from each other, with no string attached. But this is not quite true. In fact, common-law relationships...
My Spouse Died After We Separated. What Happens to All Our Assets & Debts?
If you’re separated but not divorced, and your spouse suddenly dies, it can add an unexpected layer of complexity to the process of divorce, which is already an emotional and challenging situation. You may wonder how your spouse’s death will affect the division of your marital assets and liabilities, particularly if things weren’t fully settled before they passed away. Understanding how...
Divorce Tips: How to Deal with Your Spouse’s False Allegations
Divorce can be a harrowing and emotionally-charged experience. In many Ontario divorces, the embattled spouses often scheme about ways to gain tactical advantages over each other. Although there are many strategies for doing this, a common one is also the simplest: Through falsehood. In your own divorce, you may have learned that your spouse is making false allegations against you. Perhaps...
Canadian Family Law 101: Property Acquired After Separation – But Before Divorce
Most married couples will be familiar with a basic principle of Canadian Family Law: That any assets they acquired during the marriage are subject to an equalization process upon separation and divorce. In Ontario, that process is governed by the provincial Family Law Act, R.S.O. 1990, c. F.3 (FLA). But what about property that one of them acquired after their separation date? For example,...
Is Tracking Your Spouse’s Phone, or Hacking Their Computer, Illegal?
If you’re going through a separation or divorce, you might be tempted to track your spouse’s phone. These days, it’s easier than ever; plenty of apps can be installed surreptitiously with a few clicks of an “install” button. They run unobtrusively in the background, and can reveal all kinds of information, including: Where your spouse has been, and where they are going in real-time Who they...
Understanding “Retroactive Child Support” in Ontario Family Law
Under Ontario Family law, the concept of child support is a key part of ensuring a child’s needs are met when his or her parents separate or divorce. Most parents in this situation will be familiar with the concept of ongoing child support – which is future-facing. However, the concept of “retroactive” child support is less commonly understood. This Blog will touch on the answers to some of...